Land and Other Legislation Amendment Bill 2022
Plain English Summary
Overview
This bill updates a range of land and resource management laws within the Queensland Resources portfolio. It streamlines lease conversions and renewals, modernises stock route management, updates surveying rules, improves vegetation management administration, and enables coal mining lease transfers under the Central Queensland Coal Associates Agreement.
Who it affects
Rural leaseholders, local governments managing stock routes, graziers and stock drovers, licensed surveyors, and coal mining companies are most directly affected. The general public benefits from modernised government processes and updated notification requirements.
Land lease management
The government can now proactively offer to convert rural leases to freehold or decide not to renew leases before a leaseholder applies. Newspaper notification requirements are updated to allow online publishing where local papers have ceased circulation.
- Government can proactively offer to convert leases to freehold without waiting for an application
- Chief executive can decide not to renew a lease before the leaseholder applies, with written notice and submission rights
- Notices about land sales by mortgagees can be published online instead of in newspapers
- Commonwealth Defence can manage subleases at Greenvale and Shoalwater Bay training sites without state approval
Coal mining lease transfers
Special coal mining leases under the Central Queensland Coal Associates Agreement can now be removed from the agreement and transferred to other companies, subject to Ministerial approval and environmental and financial provisioning requirements.
- Companies can apply to remove a special coal mining lease from the agreement
- Transferred leases become standard mining leases under the Mineral Resources Act 1989
- Financial provisioning scheme reviews are triggered by any transfer
Stock route management
Stock routes are modernised with digital mapping and simplified local government planning. Local governments keep revenue from stock route fees and fines, and new application fees include hardship waivers.
- Stock routes declared via certified digital maps published online instead of gazette notices
- Local governments retain all permit fees, fines and charges for reinvestment in stock route management
- Application fees introduced for stock route permits, with waivers for financial hardship
- Ministerial approval of local government stock route plans removed, replaced with consistency requirements
Survey standards and vegetation management
Survey standards now take effect from publication by the chief executive rather than requiring Ministerial subordinate legislation. Regional ecosystem classifications move from regulation schedules to a certified database for more efficient updates.
- Survey standards take effect on publication instead of requiring a Ministerial notice
- Regional ecosystem classifications managed through a certified database (VM REDD) instead of regulation schedules
- Vegetation clearing under an accepted development code must fully comply with the code to be accepted development
Repealed legislation
Three outdated Acts are repealed: the Foreign Governments (Titles to Land) Act 1948 (replaced by Commonwealth regulation), the Starcke Pastoral Holdings Acquisition Act 1994, and the Yeppoon Hospital Site Acquisition Act 2006 (both fulfilled their purposes).
- Foreign Governments (Titles to Land) Act 1948 repealed as foreign ownership is regulated by other laws
- Starcke Pastoral Holdings and Yeppoon Hospital acquisition Acts repealed as land acquisitions are complete
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee17 Mar 2022View Hansard
Referred to Transport and Resources Committee
The Transport and Resources Committee examined the Land and Other Legislation Amendment Bill 2022, which proposed changes across multiple Acts including the Cape York Peninsula Heritage Act, Central Queensland Coal Associates Agreement Act, Land Act, and Vegetation Management Act. The committee recommended the bill be passed, while raising concerns about the proposed method of certifying regulated vegetation status and errors in the explanatory notes. The government accepted the committee's recommendations, agreeing to amend the vegetation certification process to maintain parliamentary scrutiny and tabling corrected explanatory notes.
Key findings (5)
- The Cape York Land Council supported the proposed amendment to update the definition of 'landholder' under the Cape York Peninsula Heritage Act 2007.
- The bill enabled the transfer of special coal mining leases under the Central Queensland Coal Associates Agreement without requiring the transferee to become a party to the agreement.
- The committee raised concerns that certifying regulated vegetation status through regulation rather than legislation could reduce parliamentary oversight.
- The committee identified formatting errors in the tabled explanatory notes that differed from the electronic version.
- The committee considered the bill's human rights compatibility, particularly regarding property rights and cultural rights of Aboriginal peoples, and found the changes were made by consent and did not unjustifiably limit rights.
Recommendations (3)
- The committee recommends that the Land and Other Legislation Amendment Bill 2022 be passed.
- The committee recommends the Minister revisit the proposed amendment to certify the regulated vegetation status rather than this being included in the Vegetation Management Regulation.
- The committee recommends the Minister table a corrected version of the explanatory notes as a matter of priority and ensure that the electronic version of the document is the same as the tabled document.
Committee report tabled
▸Second Reading
▸22 members spoke20 support1 oppose1 mixed
As committee chair, outlined the bill's objectives and recommended it be passed, highlighting the importance of stock route reforms and resources industry contributions to Queensland's economy.
“This bill is important for many reasons. Firstly, it makes some technical corrections to a couple of pieces of legislation; it streamlines, simplifies and increases efficiency in administrative processes governed by the Land Act 1994 and the Land Regulation 2020.”— 2023-02-23View Hansard
Introduced and moved the second reading of the omnibus bill, outlining amendments to the Land Act for defence training sites and lease-to-freehold conversion, stock route management reforms, vegetation management database changes, and BHP Mitsubishi Alliance coal lease amendments.
“This omnibus bill will improve land related legislation to support the creation of good new jobs, make processes more streamlined and contemporary, and facilitate better stakeholder outcomes to drive economic development.”— 2023-02-22View Hansard
Welcomed the stock route management amendments and criticised the government's attempt to amend vegetation management regulations through clause 94, but supported the bill overall as deputy chair of the committee.
“Managing the industry through the epic drought has proven once again that the long paddock is, indeed, a long-sighted vision, as vital today as it was when our forefathers established it.”— 2023-02-23View Hansard
Spoke as shadow minister for natural resources, supporting the bill while criticising the poor quality of explanatory notes (36 incorrectly numbered clauses) and noting stakeholder concerns about vegetation management database changes, which the minister addressed with amendments to maintain parliamentary oversight.
“Despite this, we will not be opposing the bill. As I stated earlier, this is a long-awaited reform of the stock route legislation—the third attempt, as I understand it—so we will be supporting the bill.”— 2023-02-22View Hansard
Focused on the amendments to the Central Queensland Coal Associates Agreement Act, arguing that BHP's decision to sell mines predated coal royalty changes and rejecting LNP claims that royalties were driving BHP's portfolio changes.
“This bill was introduced by the minister in March 2022, well before the government had made any determination to introduce new progressive coal royalty tiers.”— 2023-02-23View Hansard
Criticised the poor quality of the explanatory notes and the government's attempt to sneak through vegetation management changes via clause 94, but supported the bill given the minister's commitment to omit that clause.
“As the minister has now foreshadowed that the government will accept the committee recommendation to omit clause 94 in full, I therefore support the bill.”— 2023-02-23View Hansard
Supported the bill as a former Townsville City councillor, highlighting benefits for local governments managing stock routes and the amendments supporting the Australia-Singapore Military Training Initiative near Greenvale.
“This bill addresses many important issues: leasing, freeholding of land, land acquisition, what technology is used for surveying and mapping, stock routes and much more. This bill is a game changer for so many.”— 2023-02-23View Hansard
Supported the stock route reforms while noting the failed 2016 attempt at reform, emphasised the need for accurate mapping and encouraged local government partnerships with landholders to manage stock routes.
“The stock route network is valuable to many stakeholders in Queensland and the network's proper management is paramount to rural and regional Queensland and to many local governments.”— 2023-02-23View Hansard
Supported the bill's modernisation of land administration and stock route management, and highlighted the importance of the resources industry and coal royalties to Queensland.
“The policy objectives of this bill are to make regulatory frameworks clearer, more efficient and more effective. The amendments reduce complexity and help to modernise land and agriculture administration in Queensland.”— 2023-02-23View Hansard
Supported the bill, particularly the stock route provisions, noting their vital importance during drought. Also criticised clause 94 on vegetation management and cautioned against losing advertising in regional newspapers.
“I begin by congratulating the minister for his very thoughtful remarks during his second reading speech about stock routes and the long paddock. I thought that demonstrated a really good understanding of the things that my electors would hope a government would understand.”— 2023-02-23View Hansard
As Minister for Agricultural Industry Development, spoke in support of the stock route management amendments and their importance for Queensland's agricultural sector.
“From Bamaga to Barcaldine to Birdsville, these stock routes are a quiet superhighway system that keeps our stock moving and provides feed in times of drought.”— 2023-02-23View Hansard
Opposed the bill due to provisions streamlining the privatisation of public land and reducing transparency over ecosystem conservation status, despite supporting the stock route cost recovery changes.
“Unlike this government, the Greens do not support giving away public land to mining corporations and multimillionaire cattle barons. This is land that should belong to all Queenslanders and should remain in the hands of Queenslanders.”— 2023-02-23View Hansard
Supported the bill with a focus on the history and importance of stock route management amendments for Queensland's agricultural economy.
“Stock routes in Queensland are an important part of the state's cultural history and serve as a reminder of the pioneering spirit and resilience of the people who built the state's agricultural industry.”— 2023-02-23View Hansard
Supported the bill, credited former LNP minister Andrew Cripps for the original leasehold-to-freehold conversion framework, praised LGAQ advocacy on stock routes, and criticised the government's attempt to sneak through vegetation management changes.
“When you see on the side of the road cattle grazing and moving slowly along the stock routes, slow down because we know there is a $6 billion maintenance backlog for our rural and regional roads.”— 2023-02-23View Hansard
Supported the bill with a focus on stock route management reforms, noting her interest through her role as Assistant Minister for Local Government and the extensive stakeholder consultation that informed the changes.
“The creation of a better funded network will provide improved outcomes for drovers, graziers and others who rely on the network.”— 2023-02-23View Hansard
Supported the bill but criticised the original inclusion of vegetation management changes in clause 94, agreeing with the Environmental Defenders Office that it represented an unacceptable scaling back of transparency.
“When the EDO and AgForce are united in their opposition to something, it shows how bad an idea it is. This should never have been considered, let alone included in legislation before this House.”— 2023-02-23View Hansard
Supported the bill, relating stock route information to her inner-city electorate and noting the legislation's aim to simplify processes for state and local governments.
“The aim of this legislation—I know that it is something that has been fought for for a long time—is to simplify the processes for state and local governments, which are the day-to-day managers of the network.”— 2023-02-23View Hansard
Supported the principle of the bill but strongly criticised the process, describing the attempted vegetation management amendment as sneaky and underhanded, the explanatory notes as incompetent, and the overall process as fundamentally flawed.
“When we strip away all the poor drafting, bad explanatory notes, contrary points of view and everything else, the bill has some worthy elements that we can all support, and I do.”— 2023-02-23View Hansard
Supported the bill, highlighting its benefits for leasehold-to-freehold conversion, local government reserve management, the Australia-Singapore Military Training Initiative, and stock route cost recovery.
“The Land and Other Legislation Amendment Bill 2022 is a necessary bill to enhance the economic growth of our state. It is a bill that I am proud to be able to support.”— 2023-02-23View Hansard
Supported the bill and the committee's recommendation on vegetation management, while raising concerns about sublease provisions and advocating for the chief executive to have greater discretion over subleases of state-owned buildings.
“I support the committee's recommendation around the proposed changes to the Vegetation Management Act and that any changes should remain with the Vegetation Management Regulation.”— 2023-02-23View Hansard
Supported the bill, providing detailed background on the leasehold-to-freehold conversion process and the stock route management amendments.
“The amendment will basically allow the chief executive to proactively offer the opportunity for freehold to a tenure holder. They will not be obligated to accept the offer, and, if they do not, tenure continues as it is now.”— 2023-02-23View Hansard
Supported the bill, emphasising the need for accurate vegetation management mapping in his Gold Coast electorate and the importance of supporting regional newspapers.
“It is certainly something which is coming up in my area on regular occasions that residents will dispute mapping of a certain type of vegetation on their properties when they can clearly demonstrate that it is not that type of vegetation.”— 2023-02-23View Hansard
▸In Detail
Minister's amendments Nos 1 to 11: Revised the vegetation management database provisions (responding to committee recommendation to omit clause 94) by introducing a new framework requiring the VM REDD database to be tabled in parliament and subject to disallowance, added amendments to the Mineral Resources Act 1989 regarding deferral of initial rent for mining leases, and made consequential changes.
Minister's amendment No. 12: Amended the long title of the bill to include reference to the Mineral Resources Act 1989.
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